Title

Retheorizing Precedent

Document Type

Article

Publication Date

2021

Publication Information

70 Duke L.J. (2021) forthcoming

Abstract

Does the doctrine of stare decisis support judicial attempts to retheorize dubious precedents by putting them on firmer footing? If it does, can retheorization provide a means for Chevron to endure as a staple of administrative law notwithstanding serious challenges to its established rationale?

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